Chapter 257

Section 257.025

Topics

257.025 CUSTODY DISPUTES.
(a) In any proceeding where two or more parties seek custody of a child the court shall
consider and evaluate all relevant factors in determining the best interests of the child, including
the following factors:
(1) the wishes of the party or parties as to custody;
(2) the reasonable preference of the child, if the court deems the child to be of sufficient
age to express preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each party and the child;
(5) the interaction and interrelationship of the child with a party or parties, siblings, and any
other person who may significantly affect the child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory environment and the
desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial home;
(9) the mental and physical health of all individuals involved; except that a disability, as
defined in section
363A.03, of a proposed custodian or the child shall not be determinative of
the custody of the child, unless the proposed custodial arrangement is not in the best interest of
the child;
(10) the capacity and disposition of the parties to give the child love, affection, and guidance,
and to continue educating and raising the child in the child's culture, religion, or creed, if any;
(11) the child's cultural background; and
(12) the effect on the child of the actions of an abuser, if related to domestic abuse as defined
in section
518B.01, that has occurred between the parents or the parties.
The court may not use one factor to the exclusion of all others. The court must make detailed
findings on each of the factors and explain how the factors led to its conclusions and to the
determination of the best interests of the child.
(b) The fact that the parents of the child are not or were never married to each other shall not
be determinative of the custody of the child.
(c) The court shall not consider conduct of a proposed custodian that does not affect the
custodian's relationship to the child.
(d) The court shall consider evidence of a violation of section
609.507 in determining the
best interests of the child.
(e) A person may seek custody of a child by filing a petition or motion pursuant to section 518.156.
(f) Section
518.619 applies to this section.
History: 1974 c 330 s 1; 1980 c 589 s 29; 1990 c 574 s 2; 1992 c 557 s 1